2019 -- H 5704

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LC001287

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

     Introduced By: Representatives McKiernan, Almeida, O'Brien, Solomon, and Johnston

     Date Introduced: February 27, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 34-18-17 of the General Laws in Chapter 34-18 entitled

"Residential Landlord and Tenant Act" is hereby amended to read as follows:

     34-18-17. Prohibited provisions in rental agreements.

     (a) A rental agreement may not provide that the tenant:

     (1) Agrees to waive or forego rights or remedies under this chapter;

     (2) Authorizes any person to confess judgment on a claim arising out of the rental

agreement;

     (3) Agrees to pay the landlord's attorney's fees inconsistent with this chapter; or

     (4) Agrees to the exculpation or limitation of any liability of the landlord arising under

law or to indemnify the landlord for that liability or the costs connected with the liability except

as provided in subsection (b) of this section.

     (b)(1) In certain municipalities, landlords may be liable for penalties associated with loud

noise, improper disposal of trash, and use of leased premises in a manner that violates local

ordinances designed to eliminate nuisance properties.

     (2) If clearly designated in a lease agreement, a landlord may seek reimbursement of

fines imposed against the landlord but due to actions of the tenant(s), during the term of the lease,

at any time after the imposition of the fine.

     (3) For purposes of this subsection, the landlord and tenant(s) shall be jointly and

severally liable to the government entity, and the laws relating to contribution and indemnity shall

apply in any such controversy(ies) between the landlord and the tenant(s). The burden of proof in

such cases shall be by preponderance of evidence, and the burden shall rest upon the tenants in

any such proceeding.

     (b)(c) A provision prohibited by subsection (a) included in a rental agreement is

unenforceable. If a landlord deliberately uses a rental agreement containing provisions known to

be prohibited, the tenant may recover, in addition to his or her actual damages, an amount up to

three (3) months periodic rent and reasonable attorney's fees.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PROPERTY -- RESIDENTIAL LANDLORD AND TENANT ACT

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     This act would allow landlords to recover funds expended or fines associated with

violations of local ordinances when such violations are due to actions of their tenants(s), provided

that the lease clearly addresses the reimbursement.

     This act would take effect upon passage.

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